Episode 6
<-- 9 February 2004 -->
Alice represents Dale Robertson, an arrogant stock trader charged with assault stemming from an altercation he had with a pedestrian while driving his SUV. According to Dale, the Chinese pedestrian ripped of his mirror, which caused Dale to leave his car and the fight ensued. But according to the Crown, Dale intentionally hit the pedestrian with his car. Alice visits Crown Menon, who refuses to plea and is planning on focusing on the racial epithets Dale uttered while assaulting the pedestrian.
Alice represents Leonard Taylor, a huge Native man charged with a barroom assault. Leonard wants to just plead guilty, even though his Aunt is willing to be a surety. The matter is sent to Plea Court. Naomi, the Aboriginal Court Worker, explains to Alice that Leonard was doing fine until two years ago when his father and brother were murdered. Since then he has been in and out of jail constantly.
Elliot meets with Paul De Marcoe, accused of rape. Elliot tells Crown Munoz that the complainant is lying – the police statements she gave are inconsistent and flawed. Elliot hires an actress and a private investigator. They return to Paul’s building, and the P.I. tapes the actress pretending to be raped. All of the other tenants emerge from their apartments when they hear the noise.
A witness testifies that Dale hit the pedestrian with his car, got out and began spewing racist epithets. On cross-examination, Alice suggests that the witness misinterpreted Dale’s remarks.
Alice cross-examines Chris Chew, the pedestrian hit by Dale’s SUV. She questions him about his extensive martial arts training and about belonging to Greenpeace and hating SUVs.
Judge Vaughan will not accept a guilty plea until Leonard allows Alice to advise him. Leonard’s sister Julie tells Alice that he wants to go to jail to seek revenge on the man who killed his brother and father. Alice confronts Leonard and he admits that this is true, adding that the man he intends to kill was also Julie’s abusive boyfriend.
On the witness stand, Dale argues that on the day of the incident he was under tremendous stress due to his mother’s terminal illness. He didn’t notice Chris until he hit him with his SUV. After the accident, Chris assumed a martial-arts pose. Dale admits to Crown Menon on cross that he has sought counseling for his un-healthy fear of Asians. Confronted with the aggravated brutality of the assault, Judge Fraser sentences Dale to 6 months house arrest. Dale becomes upset and turns immediately to Chris and utters another racial epithet. Judge Fraser changes the sentence to 3 months in jail.
Elliot brings his taped recreation of the rape to Crown Munoz, arguing that if the rape really occurred the way the complainant claimed, there would have been witnesses. She admits defeat.
Alice returns to Plea Court with Leonard and tells Judge Vaughan about Leonard’s history and desire for revenge. To Leonard’s dismay, Judge Vaughan gives him provincial time instead of federal time. Leonard needs to get to Millhaven, a federal prison, to find his father and brother’s killer. Leonard becomes incensed.